J Thomas Smith Ph.D.'s Answers (3515)

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Chances of I-797 without I-94 if H1 extn filed 5 days before expiry but now past 30 in RFE state

J's answer | Answered on October 11, 2015

I agree with Attorney Behar. Your H1 extension approval should also include new I-94. Approval or denial of your H1 will will extend to your wife's...

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My L1A Blanket visa will be applied in Oct 2015. My Green card in EB2 will be applied in Nov 2015 when I reach USA.

J's answer | Answered on October 11, 2015

I agree with my colleagues. You cannot be certain when or whether your petition will be approved. Do consult with your immigration attorney on...

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Need advice regarding reinstatement for F-1 VISA

J's answer | Answered on October 11, 2015

I agree with my colleagues. SEVIS automatically terminates your student record if the DSO fails to register you. If you can show that the failure...

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Can a spousal-based i-485 (marriage with a citizen) be filed when I wait for my EB2 485 priority date to be current? MORE INFO -

J's answer | Answered on October 11, 2015

I agree with my colleague. Pursue adjustment of status (I-485) through your marriage.

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EB3- PD not-ported-to-EB2-USCIS-rejected-I-485-and-returned-all-papers

J's answer | Answered on October 11, 2015

I agree with my colleagues. Due to the complexity of your matter, you will best be served by a consultation with an experienced immigration attorney.

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My case was approved on 2nd of October And until now I didn't receive any letter from the nvc ? When I can get it?

J's answer | Answered on October 11, 2015

I agree with my colleagues. You must be patient. You will receive confirmation in due course.

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J1 visa holder, am I eligible for an employment based green card?

J's answer | Answered on October 11, 2015

Yes, you may be sponsored by your employer.

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Filling for naturalization with a citizen wife

J's answer | Answered on October 11, 2015

A person in DACA status cannot apply for citizenship. You must first have lawful permanent resident status before you can apply for citizenship. ...

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How can i stay legal in u.s. or work?

J's answer | Answered on October 11, 2015

I agree with my colleagues. Do consult with an immigration attorney to ASAP to discuss your eligibility for DACA.

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Can my husband petition for me to come to the U.S to stay permanently with him.

J's answer | Answered on October 11, 2015

Based on the facts you present your U.S. citizen spouse should have no issues as it relates to whether he qualifies to petition for you. Assuming...

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